armchair lawyers get in here
 

Question; If i snatch up a domain that was about to expire. Lets call the domain joesmithsplumbing.com. They are a plumber in say Texas and I am a plumber in Florida.

Do they have any right to that domain name if its not trademarked? Can they sue me for anything?

Thanks for any input.

Depends. I just handled a domain name case for an A/C heating company. My clients were being threatened with a TM infringement lawsuit because they snatched up a domain name that had another A/C heating company's trademark in it.

You have to check search the TM database to be sure there is no infringement.

Are you actually called Joe Smith, or trying to pass yourself off as someone you're not?

If it's a general name I very much doubt they have a leg to stand on.

I've recently had a client visited by a competitor at his offices as this person owns: *Placename*Villas.com, and I registered *Placenames*Villas.com - he said we are trying to pass ourselves off as his domain. He doesn't have a chance, you can't copyright a city name and type of house :error Put my client out a bit, lilly livered pansy. :1orglaugh

The domain isnt trademarked, i searched the trademark database. And no, im not joe smith, i basically just bought the domain because its old, has a lot of back links etc but i would like to know if they have any type of case because naturally, they are screaming they are gonna sue and blah blah.

I did have a problem one time when i did the same thing but the person actually had the type of business in my state so my lawyer said they have a case with unfair business practice so i just scraped the domain...wasn't worth the fight in court.

It all comes down to how badly they want it back, they are most likely just bluffing, but if they are not, it could cost you 1000s in lawyer fees to get them off your back...

Yeah you're probably right. I guess it doesnt help that the person is a lawyer :1orglaugh